Articles
Analisis Putusan Hakim dalam Tindak Pidana Pembunuhan Berencana (Putusan Nomor 1474/Pid.B/2019/PN.Dps)
Dedi Romadhan;
Anak Agung Sagung Laksmi Dewi;
I Made Minggu Widyantara
Jurnal Interpretasi Hukum Vol. 2 No. 1 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/juinhum.2.1.3079.25-30
Sometimes in cases that have a difficulty level of proof, there is an error by the judge in proving the defendant's guilt. Such as decision number 1474 / Pid.B / 2019/ PN.Dps. According to the author, there was an error by the judge in applying the sentence to the accused. The problems are 1. What is the legal arrangement for premeditated murder? 2. What are the judges' considerations in imposing criminal sanctions against the perpetrators of the planned murder case study of Decision Number 1474 / Pid.B / 2019 / PN.Dps? The method used is normative legal research. Regulations regarding the application of the appropriate article to the accused of murder by a judge in deciding a case. In Decision Number 1474 / Pid.B/ 2019 / PN.Dps, the judge's decision to impose a sentence of premeditated murder against the defendant, according to the author, is incorrect where based on the facts in court the defendant should have been sentenced to ordinary murder. The author suggests that the judge in determining the appropriate sentence must contain basic, clear and detailed reasons. The government, especially the judiciary, must supervise and foster the judicial process in implementing penalties.
Tanggung Jawab Ahli Waris dalam Pengembalian Aset Negara Hasil Tindak Pidana Korupsi oleh Terpidana yang Meninggal Dunia
Putu Aditya Witanaya Putra;
Anak Agung Sagung Laksmi Dewi;
Ni Made Sukaryati Karma
Jurnal Interpretasi Hukum Vol. 2 No. 1 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/juinhum.2.1.3080.126-131
Corruption is a very serious problem because it is detrimental to State finances. Therefore, several actions are needed to recover state financial losses by paying compensation for state assets. This study aims to determine the responsibility of the heirs in returning state assets from corruption committed by their deceased parents and to analyze the payment mechanism for the return of state assets resulting from corruption. This study uses normative research with a statutory approach. The results of the analysis show that the responsibility of the heirs in returning state assets depends on the evidence of court decisions and the mechanism regarding replacement money in returning state assets in accordance with the amount of assets convicted of corruption. Then, the replacement money mechanism for returning state assets from the proceeds of corruption in Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 concerning Corruption Eradication explains that corruption convicts are required to pay the amount of replacement money according to the results corrupted by the convict. The conclusion is that state financial losses caused by corruption convicts who have passed away are transferred to their heirs according to evidence in court decisions.
Perbandingan Kekuatan Hukum Alat Bukti Otentik dan Perjanjian Bawah Tangan (Studi Kasus Perkara Nomor: 939/Pdt.G/2018/PN Dps)
Ronaldo Darmawan;
Anak Agung Sagung Laksmi Dewi;
Ni Made Sukariyati Karma
Jurnal Interpretasi Hukum Vol. 2 No. 1 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/juinhum.2.1.3085.132-136
Every citizen in Indonesia must obey the prevailing regulations for the creation of public order and security. The law itself functions as a unifying nation and binds everyone with sanctions. If there are citizens who violate the rules, they will be subject to sanctions according to the applicable rules. This study aims to determine the comparison of the legal strength of authentic deed evidence with underhand deeds and to analyze the judges' considerations in their decision on the legal strength of underhand deeds over authentic deeds. The method in this research is a type of normative legal research which is carried out by the method of recording and studying based on legal materials. The data source used comes from documents. The results showed that the proving power of underhand deeds was not as strong as authentic deeds because underhand deeds did not have three types of strength such as authentic deeds, namely external, formal, and material proof. But it is only limited to formal and material strength with a much lower weight than the authentic deed.
Sanksi Pidana terhadap Tenaga Medis yang Melakukan Pemalsuan Surat Keterangan Rapid Test Covid 19
I Kadek Suar Putra Dana;
Anak Agung Sagung Laksmi Dewi;
I Made Minggu Widyantara
Jurnal Interpretasi Hukum Vol. 2 No. 1 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/juinhum.2.1.3091.53-58
Current world conditions the outbreak of the Covid 19 virus that attacks humans around the world so that the Indonesian government takes a serious policy to tackle the spread of this virus by limiting areas this policy has resulted in crimes One of them is the crime of falsification of the covid test certificate 19 The formulation of the problem that can be raised is how to regulate the forgery of medical certificates in Indonesian criminal law? and what are the criminal sanctions for falsification of the Covid 19 rapid test certificate by medical personnel? This thesis research uses normative research type Letter forgery is regulated in KUHP articles 263 to article 267 besides that it is also regulated in article 7 of the medical code of ethics Sanctions for falsification of the COVID-19 rapid test certificate are subject to criminal sanctions and sanctions on medical code of ethics administrative sanctions If the doctor is proven to have committed forgery himself then the liability will be punished for a maximum of 4 (years) and administrative sanctions if it is carried out by the hospital the corporation will be subject to criminal three times the fine set against the individual.
Peranan Patroli Satuan Sabhara Dalam Upaya Pengoperasian Tindak Kejahatan Di Wilayah Hukum Polda Bali
I Nyoman Loka Hari Prabawa;
Anak Agung Sagung Laksmi Dewi;
Luh Putu Suryani
Jurnal Interpretasi Hukum Vol. 2 No. 1 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/juinhum.2.1.3094.69-73
The carrying out of routine police operations is capable of preventing crime and harmonizing public obedience. This study aims to explain the patrol capabilities of the Sabhara Unit in an effort to operate criminal acts in the jurisdiction of the Bali Regional Police and explain what factors are hindering the Sabhara Unit patrols in the effort to operate criminal acts within the jurisdiction of the Bali Regional Police. The type of research used is empirical legal research. The approach used is the Legislative Regulations approach. Data sources are primary and secondary legal data sources. Data collection techniques were carried out by interviewing rules and documentation. After the legal materials are collected, they are processed and analyzed using qualitative method analysis. The results showed that the Sabhara Unit patrol capability in an effort to operate a crime in the jurisdiction of the Bali Regional Police was to arrest and report the criminal executor who was caught red-handed while patrolling, securing the victim, executor, witnesses, evidence, and the location of the next case the factors that hinder patrols of the Sabhara Unit in an effort to operate criminal acts in the jurisdiction of the Bali Regional Police, namely internal factors, namely lack police personnel, information, no evidence found and lack of infrastructure, while external factors are lack of public awareness, victims do not immediately report and fear the Police.
Tanggung Jawab PDAM Kabupaten Gianyar dalam Hal Tidak Mengalirnya Air Secara Sepihak Kepada Konsumen dalam Perspektif Undang-Undang Nomor 8 T Ahun 1999
Komang Adika Bayu Mahendra;
Anak Agung Sagung Laksmi Dewi;
Ni Made Puspasutari Ujianti
Jurnal Interpretasi Hukum Vol. 2 No. 2 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/juinhum.2.2.3431.302-307
Water is the most important thing in household and industry. The problem that often occurs in the community regarding water is the non-flow of water, the negligence of PDAM officers, where the consumer is the most at risk of experiencing losses. This study aims to examine the sanctions imposed on PDAM Gianyar Regency for consumer losses for the act of not draining water unilaterally and analyzing legal protection for consumers due to losses for not flowing water unilaterally. The method used is the research is normative law with legislation and conceptual approach. Sources of data are primary legal materials and secondary legal materials, this data was obtained through interviews and literature study. Furthermore, the data is processed and analyzed using a qualitative descriptive method. The results of the study indicate that consumer protection is regulated in Law number 8 of 1999. The responsibility of the PDAM if they receive complaints from consumers, namely the PDAM technician directly goes to the consumer's area to check the cause and point of the problem so that water in the area or consumer's house does not flow. So that the PDAM can quickly deal with it. Legal remedies taken by business actors or PDAMs if there is a dispute, the PDAM prioritizes non-litigation by means of negotiation and mediation by deliberation so as to obtain a joint decision.
Mekanisme Pencairaan Klaim Badan Penyelenggara Jaminan Sosial (BPJS) Ketenagakerjaan Jaminan Hari Tua di Tengah Pandemi Covid-19
Kadek Yuda Kumala T.D;
Anak Agung Sagung Laksmi Dewi;
Ni Made Puspasutari Ujianti
Jurnal Interpretasi Hukum Vol. 2 No. 2 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/juinhum.2.2.3433.315-319
For humanity, the right of Indonesian citizens to work and livelihood must be guaranteed. Employment issues are related to the creation of a business climate, security, stability, policies, and laws and regulations, at the local and national levels. It can be a motivating factor or an obstacle at work. The purpose of this study is to find out the legal arrangements for filing claims for BPJS Employment Old Age Security at Prima Medika Hospital Denpasar and to find out the obstacles faced in the claim process for BPJS Employment Old Age Security at Prima Medika Hospital Denpasar. The type of empirical research is the case approach method, and the data collection techniques are interviews and document studies. The results of the study are basically Government regulations No. 46 of 2015 concerning the Implementation of Old Age Guarantees. The program is a cash benefit that is given when you have entered a certain age, do not want to work again, are completely disabled so they cannot work again or die and will be given until the time limit after a minimum of ten years of participation. Lack of natural resources to provide services to claim participants, so that the services provided are also not effective, and the lack of socialization of BPJS Employment on all matters relating to the implementation of Old Age Security.
Mediasi Sebagai Alternatif Penyelesaian Tindak Pidana Penganiayaan Ringan yang Dilakukan oleh Anak di Kabupaten Gianyar
Dewa Gede Agung Getsumeda;
Anak Agung Sagung Laksmi Dewi;
I Made Minggu Widyantara
Jurnal Interpretasi Hukum Vol. 2 No. 2 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/juinhum.2.2.3438.339-345
For parties who wish to resolve disputes without trial or arbitration, alternative dispute resolution is an option. This choice is entirely dependent on the wishes of the disputing parties. There is a dispute between the two parties so that each party can choose the method used. This study aims to determine the legal regulation of minor maltreatment committed by children through mediation and to find out the legal consequences if minor maltreatment crimes committed by children are resolved through mediation. The type of research used is normative legal research. Primary data is obtained from field reviews while secondary data is obtained from articles, laws and regulations, from books. In addition to these provisions, minor violations that can be resolved through mediation are criminal acts which can be in the form of confinement or imprisonment for a maximum of 3 (three) months or a maximum of Rp. 7,500.00 (Seven thousand five hundred). Criminal offenses committed by children under 8 years. The conclusion of this study is that the legal consequences if the crime of minor maltreatment committed by children is resolved through mediation, including settlement through deliberation, peace and agreement of the perpetrator, victim and family so as to produce a win-win solution. A peaceful settlement is basically an agreement that the parties consider good from all other ways.
Penegakan Hukum Terhadap Tindak Pidana Penyelundupan Penyu sebagai Satwa Terlindungi di Bali
I Komang Arya Sentana Mahendra;
Anak Agung Sagung Laksmi Dewi;
Luh Putu Suryani
Jurnal Interpretasi Hukum Vol. 2 No. 2 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/juinhum.2.2.3445.384-390
Prohibition of all exploitation of protected animals. Even in the territory of Indonesia, turtle smuggling still occurs, especially in Bali Province where turtle smuggling often occurs. The purpouses of this research are to analyze the legal protection of turtles as protected animals and the criminal sanctions against the perpetrators of turtle smuggling as protected animals? The research method used is normative law, with statutory apporoach and conceptual approach. The results of the research show that forms of legal protection against turtles, if from the international agreement with the CITES agreement (Convention on International Trade in Endangered Species), in Indonesia there are 6 out of 7 types of turtles in the world that are protected under the turtle species law. existing in the protected world based on the law on the determination of wild protected animals, and the forms of sanctions against people who smuggle turtles as protected animals are in the form of administrative sanctions, civil sanctions and criminal sanctions. There are no specific criminal sanctions against turtle smugglers, these sanctions are still incorporated in Law No. 5 of 1990, concluded that legal protection and sanctions against turtles as protected animals in the form of administrative, civil and criminal sanctions, specifically in Bali there are no criminal sanctions against turtle smugglers.
Upaya Pencegahan Kekerasan Terhadap Anak dimasa Pandemi Covid-19
Ni Made Wismantari;
Anak Agung Sagung Laksmi Dewi;
Ni Made Puspasutari Ujianti
Jurnal Interpretasi Hukum Vol. 2 No. 3 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/juinhum.2.3.4132.531-537
The Covid-19 pandemic has had the worst impact, namely the increased vulnerability of children to become victims of violence. The Covid-19 pandemic has stimulated an increase in cases of violence against children, so in this case a legal protection is needed to fulfill the rights obtained for every child. The purposes of this study are to reveal legal arrangements in an effort to prevent violence against children during the COVID-19 pandemic as well as legal protection for children who experience violence during the COVID-19 pandemic. The research method used in this research is normative legal research with a statutory approach. The technique of collecting legal materials used in this research is the study of documents or library materials. The sources of legal materials used are primary and secondary sources of legal materials. The data analysis techniques were analyzed qualitatively and presented descriptively. The results of the study revealed that the government's efforts to prevent violence against children during the Covid-19 Pandemic were pursued through preventive legal protection with the aim of preventing violations before the occurrence of violations and repressive legal protection in the form of sanctions such as fines, imprisonment, and additional penalties given if a dispute has occurred or has occurred. a violation is committed. All parties, both families and the government, should try to protect children from all acts of violence.